Amendment No. 1 to Agreement and Plan of Merger (January 7th, 2015)
This AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGER (this Amendment) is dated as of January 5, 2015 and amends the Agreement and Plan Of Merger (the Agreement), dated as of December 14, 2014, by and among Project Homestake Holdings, LLC, a Delaware limited liability company (Newco), Project Homestake Merger Corp., a Delaware corporation and a wholly owned subsidiary of Newco (Merger Sub), and Riverbed Technology, Inc., a Delaware corporation (the Company). All capitalized terms that are not defined elsewhere in this Amendment shall have the respective meanings assigned thereto in the Agreement.
Amendment No. 3 to Preferred Shares Rights Agreement (December 15th, 2014)
This AMENDMENT NO. 3 TO THE PREFERRED SHARES RIGHTS AGREEMENT (this Amendment) is dated as of December 15, 2014 (the Effective Date) and amends the Preferred Shares Rights Agreement, dated as of November 11, 2013 (the Rights Agreement), as amended, by and between Riverbed Technology, Inc., a Delaware corporation (the Company), and Computershare Trust Company, N.A., a federally chartered trust company, as rights agent (the Rights Agent). Capitalized terms used in this Amendment and not otherwise defined have the meaning given to them in the Rights Agreement.
CERTIFICATE OF DESIGNATION OF RIGHTS, PREFERENCES AND PRIVILEGES OF SERIES a PARTICIPATING PREFERRED STOCK OF RIVERBED TECHNOLOGY, INC. Pursuant to Section 151 of the General Corporation Law of the State of Delaware (November 12th, 2013)